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VI. Subjects of International Law - Coggle Diagram

- - - - Population is not just the means of demonstrating wealth and power, or means of securing itself in competition; but it provides rationality for government itself (like purpose)
    - - real issue: ability to rightfully claim the territory as a domain of exclusive authority
      - Territory is defined by reference to the extent of governmental power exercised
      - settled territorial disputes not a requirement for statehood
    - - 'Failed state'
        
        comprehensive breakdown in order and the loss of control by the central authorities in an independent state will NOT obviate statehood
        
        collapse of government within a state has no necessary effect upon the state of that state as a state
      - Governmental effectiveness
        
        power to assert a monopoly over the exercise of legitimate physical violence within a territory
    - - Independence
        
        formal statement that the state is subject to no other sovereignty and is unaffected either by factual dependence upon other states or by submission to the rules of IL
        
        it is possible for a state to be accepted as independent even if certain government functions are placed in the hands of an outside body
    - - Montevideo Convention, Art 5
        The fundamental rights os states are not susceptible of being affected in any manner whatsoever
  - - - National determination
        
        nation and the state should be made congruent
      - Civil republicanism
        
        self-determination in terms of representative government
  - - - Definition, Draft Declaration on the Rights and Duties of States
        
        capacity of a state to provide for its own well-being and development free from the domination of other states, providing it does not impair or violate their legitimate rights
      - Implies certain rights and duties
        
        right to exercise jurisdiction over its territory and permanent population
        
        right to engage upon an act of self-defence
        
        duty not to intervene in the internal affairs of other sovereign states
        
        cannot enforce its laws in the territory of another state without the consent of the state concerned
      - Sovereignty is a political fact for which no purely legal authority can be constituted
      - Principle of Exclusive Competence
        
        Independence is the right to exercise in the territory the functions of a State, to the exclusion of any other State [Island of Palmas]
    - - Doctrine of Legal Equality of States
        
        1970 Declaration on Principles of IL
        All states enjoy sovereign equality. They have equal rights and duties and are equal members of the international community, notwithstanding differences of an economic, social, political or other nature.
        In particular, sovereign equality includes the following elements:
        a. States are juridically equal;
        b. Each state enjoys the rights inherent in full sovereignty;
        c. Each state has the duty to respect the personality of other states;
        d. The territorial integrity and political independence of the state are inviolable;
        e. Each state has the right freely to choose and develop its political, social, economic and cultural systems;
        f. Each state has the duty to comply fully and in good faith with its international obligations and to live in peace with other states
        
        UN General Assembly
        
        1 state, 1 vote
        
        states, irrespective of size or power, have the same juridical capacities and functions, and are entitled to one vote in the UN General Assembly
    - - 5 Principles of Peaceful Co-Existence by India and China
        
        mutual respect for each other's territorial integrity and sovereignty, mutual non-aggression, non-interference in each other's affairs, and the principle of equality